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ORDINANCE ON THE RESERVE FORCE

ORDINANCE ON THE RESERVE FORCE

To ensure that the strength of the army meets the requirement of firmly defending the Socialist Republic of Vietnam Fatherland;

To increase the effect of State management, to raise the sense of responsibility of the State agencies, political organizations, economic organizations, social organizations, people�s armed forces units and all citizens in the building and mobilization of the reserve force;

Pursuant to Article 46 and Article 91 of the 1992 Constitution of the Socialist Republic of Vietnam;

Pursuant to the Law on Military Service and the Law on Officers of the Vietnam People�s Army;

Pursuant to the Resolution of the IXth National Assembly, 8th session, on the legislation program;

This Ordinance provides for the building and mobilization of the reserve force.

Chapter I

GENERAL PROVISIONS

Article 1.- The State builds a strong reserve force as a supplement to and reinforcement of the stand-by force of the army when there is a combat requirement.

Article 2.- The reserve force is composed of reserve armymen and technical facilities already planned for the supplement to the stand-by force of the army.

Reserve armymen include officers, professional armymen, non-commissioned officers and soldiers in reserve.

Technical facilities include transport means, means for road building, communication facilities, health care facilities and a number of other facilities. The list of technical facilities shall be defined by the Government.

Article 3.- The building and mobilization of the reserve force shall be placed under the leadership of the Communist Party of Vietnam, the command of the State President and the management and direction of the Government.

The reserve force must be strong politically, ideologically, and organizationally, have high combat capability and be closely controlled.

The building and mobilization of the reserve force must meet the requirements in norms, criteria and time, ensuring the secret and safety in accordance with the prescriptions of law.

Article 4.- In case of urgent necessity, for defense and security and national interests, the State shall mobilize technical facilities under the entire-people ownership and buy or requisition technical facilities owned by Vietnamese individuals and organizations for the supplement to and reinforcement of the stand-by force of the army as well as for the deployment of the plan on the building and mobilization of the reserve force. The purchase and requisition of technical facilities must comply with the prescriptions of law.

Article 5.- The State agencies, the Vietnam Fatherland Front and its member organizations, economic organizations, social organizations, people�s armed forces units and all citizens have the responsibility to observe provisions on the building and mobilization of the reserve force in this Ordinance and other related legal documents.

Article 6.- The establishment and use of the reserve units contrary to the provisions of this Ordinance are strictly forbidden.

Chapter II

BUILDING THE RESERVE FORCE

Article 7.- The building of the reserve force includes:

1. Registration and management of reserve armymen and technical facilities;

2. Organization of the reserve units;

3. Management, training, maneuvers and inspection of the reserve units;

4. Carrying out the Party and political work;

5. Ensuring logistics, technical equipment and finance;

6. Preparing other necessary conditions to ready the reserve force mobilization.

Article 8.- The registration and management of reserve armymen shall be carried out in accordance with the provisions of the Law on Military Service and the Law on Officers of the Vietnam People�s Army.

Article 9.- The modalities and procedures for the registration and management of technical facilities to be mobilized for the stand-by force of the army shall be provided for by the Government.

Article 10.- The Government shall assign quotas for the building of the reserve force and tasks of ensuring logistics, technical equipment and finance for the building and mobilization of the reserve force to the Ministries, ministerial-level agencies, agencies attached to the Government and People�s Committees of the provinces and cities directly under the Central Government (hereafter referred to as the provincial People�s Committees).

The Minister of Defense shall determine the size, forms of organization and number of reserve units to be built by the Ministries, ministerial-level agencies, agencies attached to the Government and the provincial People�s Committees and assign them as reinforcements to units of the stand-by army.

Basing themselves on the assigned quotas and tasks, the Ministries, ministerial-level agencies, agencies attached to the Government and the provincial People�s Committees shall work out plans on the building and mobilization of the reserve force.

Article 11.- Reserve armymen and technical facilities planned to be mobilized for the stand-by force of the army shall be organized into reserve units. Each of the reserve units must be maintained at full strength and with the required technical facilities.

The assignment of reserve armymen and technical facilities to the reserve units shall be stipulated by the Government.

Article 12.- The provincial People�s Committees and the People�s Committees of the districts, towns and provincial cities (hereafter referred to as the district People�s Committees) within the ambit of their tasks and powers, shall assign reserve armymen and technical facilities in their own localities into the reserve units, except those already included in the reserve units of the Ministries, ministerial-level agencies and agencies attached to the Government and those technical facilities of branches, localities and organizations retained to maintain activities in war time.

The amount of technical facilities to be kept for maintaining activities in war time shall be stipulated by the Government.

Article 13.- The provincial and district People�s Committees shall direct the military commands of the same level to organize, staff, manage and train the local reserve units and coordinate with stand-by army units in organizing, staffing, managing and training the reserve units of the stand-by army.

The Ministries, ministerial-level agencies and agencies attached to the Government which have received quotas for the building of the reserve force shall direct the attached units to coordinate with the stand-by army units in organizing, staffing, managing and training the reserve units.

The regime of coordination in organizing, staffing, managing and training reserve units shall be defined by the Minister of Defense.

The appointment of reserve officers, professional armymen, non-commissioned officers and soldiers to the posts in the reserve units shall comply with the provisions of the Law on Officers of the Vietnam People�s Army and other relevant legal documents.

Article 14.-

1. The norms for annual training, maneuvers and inspection of the reserve units of the Ministries, ministerial-level agencies, agencies attached to the Government and the provinces and cities directly under the Central Government shall be decided by the Prime Minister.

2. The call-up of the reserve armymen for concentrated training, maneuvers and inspection shall comply with the provisions of the Law on Military Service and the Law on Officers of the Vietnam People�s Army.

3. The mobilization of technical facilities already assigned to the reserve units of the Ministries, ministerial-level agencies and agencies attached to the Government for training, maneuvers and inspection for a fixed period of time shall be decided by the Minister or the Head of the related agency according to the ratified plan.

4. The mobilization or requisition of technical facilities already assigned to the local reserve units for training, maneuvers and inspection for a fixed period of time shall be decided by the President of the provincial People�s Committee; the mobilization or requisition of each type of technical facilities for a fixed period of time shall be decided by the President of the district People�s Committee according to the ratified plan.

5. In order to ensure compliance of training, maneuvers and inspection of the reserve units with the ratified plan, the Presidents of the People�s Committees of different levels shall be entitled to mobilize human resources and facilities other than those already assigned to their local reserve units.

Article 15.-

1. Reserve armymen already assigned to the reserve units shall have to observe:

a/ The regulations on the registration for military service and health examination;

b/ The order for concentrated training, maneuvers and the order for examination of call-up and combat readiness;

c/ The regime of activities of the reserve units;

d/ The call-up for military service or combat duty;

e/ Other prescriptions of law on responsibilities of the reserve armymen.

2. Reserve armymen holding posts of commanders in the reserve units, beside observing the provisions of Item 1 of this Article, shall also:

a/ Have a full grasp of the strength and quality of their units; maintain activities of the units according to the set regime and observe the reporting regime;

b/ Manage and command the units during the period of training, maneuvers and check the state of call-up and combat readiness and combat activities.

Article 16.- The Minister of Defense shall stipulate the regime of activities of the reserve units, the reporting and checking regime for the building of the reserve force; define the responsibilities in the preparation of other necessary conditions for the mobilization of the reserve force.

The General Political Department of the Vietnam People�s Army shall provide guidance for the implementation of the Party and political work in the building and mobilization of the reserve force.

Chapter III

MOBILIZING THE RESERVE FORCE

Article 17.- The mobilization of the reserve force includes:

1. Announcing the order for the mobilization of the reserve force;

2. Concentrating the reserve armymen and technical facilities;

3. Transporting, delivering and receiving the reserve force;

4. Carrying out the Party and political work;

5. Ensuring logistics, technical equipment and finance.

Article 18.- The reserve force shall be mobilized in the following cases:

1. To supplement the stand-by force of the army when an order has been issued for a general or partial mobilization and in war time;

2. To reinforce the stand-by force of the army when the need arises to fight to defend the locality and the territorial sovereignty but which is not so urgent enough to warrant a partial mobilization.

Article 19.-

1. Competence for the mobilization of the reserve force when an order has been issued for a general or partial mobilization and in war time:

a/ The Government shall decide the number of reserve armymen and technical facilities and decide the transfer of the technical facilities in the national reserve to the Ministry of Defense;

b/ Basing him/herself on the Government�s decision, the Minister of Defense shall order the mobilization of the reserve units from each province and city directly under the Central Government, each Ministry, ministerial level agency and agency attached to the Government;

c/ The competence for calling up reserve armymen shall be exercised in accordance with the provisions of the Law on Military Service and the Law on Officers of the Vietnam People�s Army;

d/ Basing themselves on the decision of the Government and the order of the Minister of Defense:

- The Ministers, the Heads of ministerial-level agencies and agencies attached to the Government shall decide the mobilization of technical facilities built up by themselves for their respective reserve units;

- The Presidents of the provincial People�s Committees shall mobilize the technical facilities in their local reserve units; the Presidents of the district People�s Committees shall decide the mobilization of each type of technical facilities;

e/ The competence for the purchase and requisition of technical facilities shall be exercised in accordance with the prescriptions of law.

2. The mobilization of human resources and facilities for the deployment of the plan on the mobilization of the reserve force shall comply with provisions of Item 5, Article 14 of this Ordinance.

Article 20.- The Government shall determine specific cases in which the reserve force shall be mobilized to reinforce the stand-by force of the army; the mobilization competence and time limit and the number of reserve units to be mobilized to perform tasks mentioned in Item 2, Article 18 of this Ordinance.

Article 21.- The announcement of the order for the mobilization of the reserve force to citizens, State agencies, political organizations, economic organizations, social organizations and the army units tasked with the assignment and reception of the reserve force shall be provided for by the Government.

Article 22.- The concentration, transportation, assignment and reception of the reserve force are prescribed as follows:

1. The People�s Committees of different levels shall, within the ambit of their tasks and powers, gather the reserve armymen and technical facilities, transport and assign them to units of the stand-by army;

2. The Ministries, ministerial-level agencies and agencies attached to the Government shall direct their subordinate agencies to carry out the concentration, transportation and assignment of reserve armymen and technical facilities to units of the stand-by army.

3. The stand-by units of the army shall receive the reserve force and stabilize the organization, staff and equipment of their own units;

4. The reserve armymen shall have the responsibility to respond to the call-up; individuals and organizations having technical facilities shall have to obey the order for their mobilization, purchase or requisition;

5. The place of the assignment and reception of the reserve force shall be determined by the Minister of Defense. The assignor has the responsibility to ensure accommodation and feeding of the reserve armymen until the assignment is completed. The process of concentrating, transporting, assigning and receiving the reserve force must be done in safety.

Article 23.- The Minister of Defense shall determine the time limit for the completion of the mobilization and organize and direct the whole process of mobilization of the reserve force.

Chapter IV

REGIMES AND POLICIES, FUND FOR THE BUILDING AND MOBILIZATION OF THE RESERVE FORCE

Article 24.- Reserve armymen taking part in training, maneuvers and check of combat readiness shall enjoy benefits provided for in the Law on Military Service and the Law on Officers of the Vietnam People�s Army.

The benefits of the reserve armymen mobilized to perform the duty mentioned in Item 2 of Article 18; the benefits of the owners of technical facilities and of persons mobilized to perform duties mentioned in Item 5, Article 14 and Item 2, Article 19 of this Ordinance shall be defined by the Government.

Article 25.- The reserve armymen holding commanding posts in reserve units of squad and equivalent or higher level, shall be eligible for a quarterly responsibility allowance for the management of their units based on the following coefficients of the minimum wage:

- Squad leader: 0.25;

- Platoon leader: 0.30;

- Deputy Company Commander: 0.35;

- Company Commander: 0.40;

- Deputy Battalion Commander: 0.45;

- Battalion Commander: 0.50;

- Deputy Regiment Commander: 0.55;

- Regiment Commander: 0.60.

Article 26.- The fund for building and mobilizing the reserve force shall be taken from the following sources:

1. State budget allocated for defense work to the Ministry of Defense and the other Ministries and branches at the central level;

2. State budget allocated by the central Government to localities for defense work;

Article 27.- The fund for building and mobilizing the reserve force shall be spent on the following tasks:

1. Registration and management of reserve armymen and technical facilities and the management of the reserve units;

2. Training, maneuvers and inspection of the reserve force;

3. Mobilization, purchase and requisition of technical facilities;

4. Mobilization, assignment of reserve units to the stand-by army units and the mobilization of reserve units in accordance with the stipulations of Item 2, Article 18 of this Ordinance;

5. The building and equipment of the mobilization command posts, rallying stations for reserve armymen, technical facilities and camps for the reserve units during their concentrated training;

6. Reserve of technical facilities and logistics to ensure supply for the reserve force when mobilized;

7. Other tasks as prescribed by law.

Chapter V

STATE MANAGEMENT OVER THE BUILDING AND MOBILIZATION OF THE RESERVE FORCE

Article 28.- The State management over the building and mobilization of the reserve force includes the following:

1. Promulgating and guiding the implementation of legal documents on the building and mobilization of the reserve force;

2. Elaborating and directing the implementation of the plan on building and mobilizing the reserve force;

3. Working out and organizing the implementation of regimes and policies on the building and mobilization of the reserve force;

4. Controlling and inspecting the enforcement of the legislation on building and mobilizing the reserve force;

5. Conducting popularization and educational work and encouraging the population to take part in the building and mobilization of the reserve force;

6. Making periodical reviews and final review of the work of building and mobilizing the reserve force.

Article 29.-

1. The Government shall exercise unified State management over the building and mobilization of the reserve force in the whole country.

2. The Ministry of Defense shall assist the Government in exercising State management over the building and mobilization of the reserve force; guiding, directing, urging and inspecting the Ministries, ministerial-level agencies, agencies attached to the Government, the People�s Committees of various levels, political organizations, economic organizations and social organizations in the execution of the work of building and mobilizing the reserve force.

The commander of a military zone shall assist the Minister of Defense in directly providing guidance, directing and inspecting the work of building and mobilizing the reserve force in the provinces and cities directly under the Central Government and within the territory of the military zone.

3. The Ministries, ministerial level agencies, agencies attached to the Government shall, within the ambit of their tasks and powers, have the responsibility to coordinate with the Ministry of Defense in exercising the State management over the building and mobilization of the reserve force as well as in organizing the implementation of the plan on building and mobilizing the reserve force as assigned by the Government.

Article 30.- The People�s Committees of various levels shall exercise State management over the building and mobilization of the reserve force within their own localities.

The local Military Command shall coordinate with the related agencies in assisting the People�s Committee of the same level to exercise State management over the building and mobilization of the reserve force.

Article 31.- The Vietnam Fatherland Front and its member organizations and the social organizations of different levels have the responsibility to educate and encourage their members as well as the population to observe the regulations on the building and mobilization of the reserve force; supervise the exercise of the State management over the building and mobilization of the reserve force according to the prescriptions of this Ordinance.

Article 32.- Organizations and individuals shall have the right to lodge complaints and denunciations to the competent State authority regarding violations in the building and mobilization the reserve force. The agency receiving such complaints or denunciations shall have to consider and settle them as prescribed by law.

Chapter VI

COMMENDATION AND HANDLING OF VIOLATIONS

Article 33.- Organizations and individuals with meritorious achievements in the building and mobilizing the reserve force shall be commended or rewarded in accordance with the State regimes.

Article 34.- Any person committing acts of evading, obstructing or opposing the task of building and mobilizing the reserve force shall, depending on the nature and extent of his/her violation, be subject to administrative sanctions or examined for penal liability in accordance with the prescriptions of law.

Article 35.- Any person who out of irresponsibility causes damage to the building and mobilization of the reserve force, abuses his/her position and power to act contrarily to laws or cover up the violators of this Ordinance or who him/herself violates other provisions of law on the building and mobilization of the reserve force shall, depending on the character and extent of his/her violation, be subject to discipline, administrative sanctions or examined for penal liability; in case of any material losses, he/she shall have to make compensations as prescribed by law.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 36.- This Ordinance takes effect from the date of its promulgation.

The earlier provisions which are contrary to this Ordinance are now annulled.

Article 37.- The Government shall provide detailed guidance for the implementation of this Ordinance.

On behalf of the National Assembly Standing Committee

Chairman

NONG DUC MANH

ORDINANCE AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE ORDINANCE ON THE RIGHTS AND OBLIGATIONS OF THE DOMESTIC ORGANIZATIONS WITH LAND ASSIGNED OR LEASED BY THE STATE

Pursuant to Article 17, Article 18 and Article 91 of the 1992 Constitution of the Socialist Republic of Vietnam;

Pursuant to Article 3 of the Land Law;

Proceeding from the Resolution of the IXth National Assembly, 8th session, on the legislative program;

This Ordinance amends and supplements a number of Articles of the Ordinance on the rights and obligations of the domestic organizations with land assigned or leased by the State.

Article 1.- To amend and supplement a number of articles of the Ordinance on the rights and obligations of the domestic organizations with land assigned or leased by the State.

1. Article 1 is amended and supplemented as follows:

"1. The domestic organizations which are assigned or leased land by the State without having to pay the land-use fee include:

a/ State agencies, political and social organizations, units of the People�s Armed Forces using land for the construction of their offices, and for security and defense purposes;

b/ State agencies, political and social organizations, units of the People�s Armed Forces using land for the construction of economic, cultural, social, scientific, technical and diplomatic projects in non-business branches and fields;

c/ Enterprises and companies using land for public utilities such as roads, bridges, culverts, pavements, water supply and drainage systems, rivers, lakes, dykes, dams, schools, scientific research institutions, hospitals, markets, parks, flower gardens, playing grounds for children, public squares, stadiums, airports, ports and quays and other public works prescribed by the Government;

d/ State enterprises, enterprises owned by political or social organizations, defense and security enterprises, joint-stock companies, limited liability companies and collective economic organizations using land for agriculture, forestry, aquaculture, and salt production. The Government shall stipulate the allocable land quotas and the land use time limits for these organizations.

2. The domestic economic organizations which are assigned land by the State and have to pay the land-use fee include:

a. The economic organizations using land for the construction of residential houses to be sold to Vietnamese citizens or to be leased;

b. Economic organizations using land for investment in constructing infrastructral installations to assign or lease the land use-right associated with such installations.

3. Domestic economic organizations which are leased land by the State include State enterprises, enterprises of political and social organizations, security and defense enterprises, joint-stock companies, limited liability companies, collective economic organizations using land for purposes rather than agriculture, forestry, aquaculture or salt production, except the cases defined in Item 2 of this Article."

2. Article 1a is supplemented as follows:

"1. The land allocation and lease stipulated in Article 1 of this Ordinance must conform with the tasks of socio-economic development, defense and security, and the land use planning and plans already approved by a competent State agency.

2. The allocated and leased land quotas and the land use purposes and time limits must comply with the eco-technical thesis already approved by a competent State agency."

3. Item 2 of Article 5 is amended and supplemented as follows:

"2. In cases where an enterprise is permitted by a competent State agency to use part of the land assigned under Item 1 of this Article and the salt production land for other production or business purposes, the land lease regime shall be applied to such land area, and if for the purposes defined in Item 2 of Article 1 of this Ordinance, the land-use fee must be paid."

4. Article 6a shall be amended as follows:

" The domestic economic organizations which are assigned land by the State under Item 2, Article 1 of this Ordinance shall have the following rights:

1. To assign the land-use right when selling residential houses built thereon; to transfer the land-use right for building residential houses associated with the infrastructural installations already constructed thereon;

2. To lease the land-use right associated with the infrastructural installations already constructed thereon;

3. To mortgage the value of the land-use right over the assigned land at a Vietnamese bank to borrow capital for production and/or business activities;

4. To contribute the value of the land-use right as capital to a joint-venture with Vietnamese organizations or individuals.

Domestic economic organizations which are State enterprises, enterprises owned by political or social organizations and defense and security enterprises with State-assigned land and which have to pay the land-use fee shall be entitled to contribute the value of the land-use right as capital to a joint venture with foreign organizations and individuals in accordance with Government stipulations."

5. Article 8 is amended and supplemented as follows:

"For organizations that use its State-assigned land for purposes rather than agriculture, forestry, aquaculture and salt production and without having to pay the land-use fee or paying with the State budget allocation, if they assign the projects which were built by themselves and associated with the land-use, they must remit to the State budget the earnings from the transfer of the land-use right as prescribed by the Government."

Article 2.- Basing itself on the provisions of this Ordinance, the Government shall stipulate in details the settlement for the economic organizations which were assigned or leased land by the State before the effective date of this Ordinance.

This Ordinance takes effect from the date of its promulgation.

Article 3.- The Government shall stipulate details for the implementation of this Ordinance.

On behalf of the Standing Committee of the National Assembly

Chairman

NONG DUC MANH